§291C-223  Summons or citation for illegaluse of high occupancy vehicle lane.  Whenever any motor vehicle is observedoperating in a high occu­pancy vehicle lane without the prescribed number ofpassengers, the officer observ­ing the vehicle shall:

(1)  Cause a summons or citation as described insection 291C-165 to be issued at the scene of the violation to the operator ofthe vehicle; or

(2)  Make every reasonable effort to be seen by theoperator of the vehicle and record evidence of the violation by taking anyinformation displayed on the vehicle that may identify its registered owner andcause a summons or citation as described in section 291C-165 to be sent bycertified or registered mail, with a return receipt that is postmarked withinforty-eight hours of the time of the incident, to the registered owner of thevehicle at the address on record at the vehicle licensing division.  If the endof the forty-eight hour period falls on a Saturday, Sunday, or holiday, thenthe ending period shall run until the end of the next day which is not aSaturday, Sunday, or holiday.  Upon receipt, the registered owner shall begiven fourteen days to respond to the summons or citation by:

(A)  Paying a fine by mail; or

(B)  Requesting that a hearing be set on the matter.

A mail receipt signed by the registered owner isprima facie evidence of notification. [L 1993, c 224, pt of §1; am L 2000, c240, §5; am L 2002, c 58, §2]